Ucore Rare Metals Inc. V.UCU

RE:The Contract

[Moulouk]

Rodtipup wrote: While none of us have seen the contract between UCORE/IBC it would however seem the judge is of the opinion based on his wording and the act in Nova Scotia the contract took place in Nova Scotia and was expected to be conducting business out of Nova Scotia.

Yes and no... the applicable law is usually (almost always) stipulated in the contract. So this part is easy. The not so easy part is when multiple issues are raised based on various contracts (with different applicable law) and/or based in torts (extracontractual claims) based on facts that take place in different jurisdiction.

I am not sure that the applicable law will be debated at this stage or if there is even a question that will be raised. But one has to remember that the law may provide different results depending on which law applies (think cannabis for example). If this argument is raised, it will most likely be invoked in the defense, although we could have a glimpse in the preliminary Motions. Usually, it is a pretty strong argument in the jurisdiction issue.  The parties will raise the applicable law argument as it gives an indication as to the appropriate jurisdiction to hear the whole dispute. The whole strategy is to find facts that will connect your claim\defense to a specific jurisdiction. If the issue was only one contract between UCU\IBC, a judgement would, IMO, be an easy task. It is when multiple contracts and extracontractual faults tare invoked that the Motion on jurisdiction becomes more complicated.

Depending on how the claim is drafted as well as possible arguments raised in the motion to contest the jurisdiction, the judge will take all these facts into consideration to render its judgment on the jurisdiction.

Different applicable law can also apply to different relationship (or different dispute between the parties). The question of jurisdiction becomes way more relevant when most of the issues involve foreign law (Delaware for example). In these cases, the argument of forum non conveniens becomes relevant. 

Moulouk